§ 272C.15 — Disqualifications for criminal convictions limited

Iowa § 272C.15

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 272C: REGULATION OF LICENSED PROFESSIONS AND OCCUPATIONS

Text

1. Notwithstanding any other provision of law to the contrary, except for chapter 256,
subchapter VII, part 3, a person’s conviction of a crime may be grounds for the denial,
revocation, or suspension of a license only if an unreasonable risk to public safety exists
because the offense directly relates to the duties and responsibilities of the profession and
the appropriate licensing board, agency, or department does not grant an exception pursuant
to subsection 4.
2. A licensing board, agency, or department that may deny a license on the basis of an
applicant’sconvictionrecordshallprovidealistofthespecificconvictionsthatmaydisqualify
anapplicantfromreceivingalicense. Anysuchoffenseshallbeanoffensethatdirectlyrelates
to the duties and responsibilities of the profession.
3. A licensing board, agency, or department shall not deny an application for a license
on the basis of an arrest that was not followed by a conviction or based on a finding that an
applicant lacks good character, suffers from moral turpitude, or on other similar basis.
4. A licensing board, agency, or department shall grant an exception to an applicant
who would otherwise be denied a license due to a criminal conviction if the following
factors establish by clear and convincing evidence that the applicant is rehabilitated and an
appropriate candidate for licensure:
a. The nature and seriousness of the crime for which the applicant was convicted.
b. The amount of time that has passed since the commission of the crime. There is a
rebuttable presumption that an applicant is rehabilitated and an appropriate candidate for
licensure five years after the date of the applicant’s release from incarceration, provided
that the applicant was not convicted of sexual abuse in violation of section 709.4, a sexually
violent offense as defined in section 229A.2, dependent adult abuse in violation of section
726.26, a forcible felony as defined in section 702.11, or domestic abuse assault in violation
of section 708.2A, and the applicant has not been convicted of another crime after release
from incarceration.
c. The circumstances relative to the offense, including any aggravating and mitigating
circumstances or social conditions surrounding the commission of the offense.
d. The age of the applicant at the time the offense was committed.
e. Any treatment undertaken by the applicant.
f. Whether a certification of employability has been issued to the applicant pursuant to
section 906.19.
g. Any letters of reference submitted on behalf of the applicant.
h. All other relevant evidence of rehabilitation and present fitness of the applicant.
5. An applicant may petition the relevant licensing board, agency, or department, in a
§272C.15, REGULATION OF LICENSED PROFESSIONS AND OCCUPATIONS 14
form prescribed by the board, agency, or department, for a determination as to whether the
applicant’s criminal record will prevent the applicant from receiving a license. The board,
agency, or department shall issue such a determination at the next regularly scheduled
meeting of the board, agency, or department or within thirty days of receiving the petition,
whichever is later. The board, agency, or department shall hold a closed session while
determining whether an applicant’s criminal record will prevent the applicant from receiving
a license and while determining whether to deny an applicant’s application on the basis of an
applicant’s criminal conviction. A board, agency, or department may charge a fee to recoup
the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.
6. a. A licensing board, agency, or department that denies an applicant a license solely
or partly because of the applicant’s prior conviction of a crime shall notify the applicant in
writing of all of the following:
(1) The grounds for the denial or disqualification.
(2) That the applicant has the right to a hearing to challenge the licensing authority’s
decision.
(3) The earliest date the applicant may submit a new application.
(4) That evidence of rehabilitation of the applicant may be considered upon reapplication.
b. A determination by a licensing board, agency, or department that an applicant’s
criminal conviction is specifically listed as a disqualifying conviction and the offense directly
relates to the duties and responsibilities of the applicant’s profession must be documented
in written findings for each factor specified in subsection 4 sufficient for a review by a court.
c. In any administrative or civil hearing authorized by this section or chapter 17A, a
licensing board, agency, or department shall carry the burden of proof on the question of
whether the applicant’s criminal offense directly relates to the duties and responsibilities of
the profession for which the license is sought.
7. A board, agency, or department may require an applicant with a criminal record to
submit the applicant’s complete criminal record detailing an applicant’s offenses with an
application. A board, agency, or department may also require an applicant with a criminal
record to submit a personal statement regarding whether each offense directly relates to the
duties and performance of the applicant’s occupation. For the purposes of this subsection,
“complete criminal record” includes the complaint and judgment of conviction for each
offense of which the applicant has been convicted.